19.30.5.2SCOPE:Landowners who
provide meaningful benefit to elk and accept elk on their properties and all
elk hunters who wish to recreate on deeded lands or public lands within New
Mexico’s exterior boundaries.Additional
requirements may be found in Chapter 17 NMSA 1978 and Chapters 30, 31, 32, and
33 of Title 19.

[19.30.5.2 NMAC - Rp, 19.30.5.2 NMAC, 10-17-2005]

19.30.5.3STATUTORY AUTHORITY:17-1-14 and 17-1-26 NMSA 1978 provide the New
Mexico game commission with the authority to establish rules and regulations that
it may deem necessary to carry out the purpose of Chapter 17 NMSA 1978 and all
other acts pertaining to protected mammals, birds, and fish.Statute 17-3-14.1 NMSA 1978 authorizes the
director to issue landowner permits for the lawful taking of elk.

[19.30.5.3 NMAC - Rp, 19.30.5.3 NMAC, 10-17-2005]

19.30.5.4DURATION:Permanent.

[19.30.5.4 NMAC - Rp, 19.30.5.4 NMAC, 10-17-2005]

19.30.5.5EFFECTIVE DATE:October 17, 2005, unless a later date is
cited at the end of a section.

[19.30.5.5 NMAC - Rp, 19.30.5.5 NMAC, 10-17-2005]

19.30.5.6OBJECTIVE:Establish an equitable and flexible system
that recognizes the contributions of private lands and landowners to the
management of elk and their habitats, while providing for economic benefit and
an appropriate, biologically sound, and effective harvest through sport
hunting.

[19.30.5.6 NMAC - Rp, 19.30.5.6 NMAC, 10-17-2005]

19.30.5.7DEFINITIONS:

A.“Review” is a period of time during which a
landowner, or active ranch, may be placed into temporary suspension until the
department review concludes that all participation requirements have been met.

B.“Landowner” is the person responsible for initial
enrollment, signing and forwarding documents, and providing information and
reporting changes to the property.

C.“Inactivation” is the New Mexico department of game
and fish (department) procedure that immediately stops all issuance of
authorizations and eligibility for participation in the program.

D.“Core occupied elk range” or “COER” shall mean the portion of land within the boundaries of a
game management unit (GMU) that is designated by the department as containing
the majority of routine and substantial elk use. This shall be the area that
elk management goals and subsequent harvest objectives are based on.

E.“Occupied deeded
acres” will mean privately owned acres that are within the designated core
occupied elk range and occupied by elk.

F.“Private weighted
acres” will mean the product of a specific property’s occupied deeded acres
multiplied by the elk contribution rating assigned to that specific property.

G.“Percent occupied
weighted acres” will mean the quotient of a specific property’s private
weighted acres divided by the total private weighted acres.

H.“Private land
authorization certificate” will mean the document generated by the
department and issued to a private landowner that authorizes the holder to
purchase a specified license to hunt elk.

I.“Percent public land” will mean the percentage of
the area within a game management unit designated as core occupied elk range
that is public land.

J.“Public land elk opportunity” will mean the portion
of the unit’s harvest objective translated to public draw licenses.

K.“Percent private land” will mean the percentage of
the area within a game management unit designated as core occupied elk range
that is private land.

L.“Private land elk
opportunity” will mean the portion of the unit’s harvest objective
translated to private land authorizations.

M.“Elk harvest success rate” will mean the success rate
of elk hunters who hunted pursuant to licenses issued through the conversion of
private land authorizations and public draw licenses in each game management
unit as determined by hunter harvest surveys.

N.“Public land” will mean those lands held by state or
public land use agencies.

O.“Ranch” will mean those deeded lands as enrolled in
the program.

P.“Ranch-only authorization certificate” will mean a
type of private land authorization that allows a person to purchase a license
to hunt those deeded lands within the designated ranch exterior boundaries.

Q.“Unit-wide authorization certificate” will mean a
type of private land authorization that allows a person to purchase a license
to hunt legally accessible public lands and “unit-wide ranches” within the
unit.

R.“Unit-wide ranch” will mean a ranch whose owner has
selected the unit-wide hunting option on their hunting agreement with the
department.

S.“Ranch only ranch” will mean a ranch whose owner has
selected the ranch only hunting option on their agreement with the department
or whose ranch is located in a unit designated as ranch only.

T.“Elk contribution rating (ECR)” will mean the rating
assigned to each ranch based on the contribution a ranch is making to elk as
determined by the level and frequency of elk presence on the ranch. The
district officer or area game manager shall assign each ranch an “elk
contribution rating” based on the following: “occasional elk presence” - ECR of
1, “frequent elk presence” - ECR of 1.25, “continuous elk presence” - ECR of
1.5.

U.“Small contributing ranch” (“SCR”) will mean those
ranches that meet the minimum qualifications to participate, but are unable to
qualify for authorizations pursuant to the allocation formula based on weighted
acreage alone.

V.“Game
management unit or GMU” shall mean those areas as described in the state
game commission’s rule 19.30.4 NMAC Boundary Descriptions for Wildlife
Management Areas.

W.“Meaningful benefit to elk” shall mean properties that
lie within the area designated as a core occupied elk range and contain various
elk habitat components that are known to be beneficial to elk during some time
of the year. Properties that provide “meaningful benefit” to elk must also
exhibit physical evidence that elk are present at least occasionally throughout
one or more seasons of the year.

X.“Bull authorization” shall mean any
authorization (except either sex bow only) that authorizes the taking of a bull
elk as the bag limit.

Y.“Temporary
suspension” shall allow the participating ranch to remain in E-PLUS but
stops authorizations from being issued to the landowner until the participating
ranch is no longer in review.

[19.30.5.7 NMAC - Rp, 19.30.5.7 NMAC, 10-17-2005; A,
2-13-2009]

19.30.5.8PARTICIPATION REQUIREMENTS:

A.Minimum
qualifications:

(1)Private lands that lie within core occupied elk range.

(2)Private lands that provide meaningful benefits to elk, at least
occasionally, as determined by the appropriate district officer or game
manager.

(3)Only landowners or lessees who agree in writing to accept elk on their
property will be considered for participation in E-PLUS. Any landowner who
accepts interventions to reduce or eliminate the presence of elk on their
enrolled acreage in accordance with 19.30.2 NMAC in writing by signing a form
approved by the department or takes action pursuant to Section 17-2-7.2 NMSA
1978 shall have automatically elected to become ineligible for continued
participation in this program. The participating ranch will immediately be
inactivated from E-PLUS and all unconverted authorizations will be voided. If
the depredation only applies to a portion of the property and the remaining
acreage continues to provide meaningful benefit to elk, only the acreage where
depredation response actions are to occur will be inactivated.Exceptions to this may be allowed when short-term
or unusual circumstances that are typically not associated with the normal
presence of elk using land and forage on the property exist. In these
instances, if the landowner desires to continue contributing to elk, the
department may allow the landowner to continue participating in this system
while seeking resolution to the short-term or unusual damage pursuant to the
depredation program. Evidence of depredation may be used as documentation of
elk presence to ensure the appropriate ECR has been assigned.

(4)Landowner must agree that participation is voluntary, is based on annual
variation in habitat and elk populations, and there is no guarantee of a
specific number of authorizations issued each year.

(5)All participating properties annually will be subject to the
requirements found in this section.

(6)Private lands that lie within villages,
towns or recorded subdivisions with covenants or ordinances that prohibit
hunting or the discharge of firearms will be ineligible to participate unless
part of a department-approved combined property choice under Paragraph (8) of
Subsection E of 19.30.5.9 NMAC.

(7)Private lands that if hunted, would result in safety concerns as
determined by the district officer will be ineligible to participate unless
allowed pursuant to a specific agreement containing provisions for minimizing
safety concerns.

(8)Landowners requesting to split their separately-deeded contiguous
properties currently under one signup into smaller separate signups are
required to submit their request on an approved form and provide required
documentation and justification to support the request. Such requests will be
reviewed by the director who will determine if reasonable justification exists
to grant approval.

B.Enrollment
process:

(1)Initial application:

(a)Landowners who choose to enroll in the
system must submit a completed application form approved by the department.
Application must include all required documentation. Only the property owner
listed on the recorded deed may submit an initial E-PLUS application. If there
are multiple owners listed on the property deed, all co-owners must sign an
affidavit authorizing one of the owners to be responsible for the initial enrollment
and all paperwork associated with the enrolled property.

(b)Application must be submitted to the
department, hand delivered or post marked, no later than February 1 of each
year. Applications received without all required documentation or hand
delivered or post marked after February 1 shall be rejected. Rejected
applications may be corrected and resubmitted through March 1 to be included
that year if the original application was submitted by the February 1 deadline but
the applicant mistakenly omitted necessary documentation or a documented family
emergency, sickness or death resulted in the application deadline being missed.

(c)Accepted applications will be forwarded by
the department to the appropriate area game manager and district officer so
that a determination can be made as to the application satisfying the
requirements set forth in Subsection A, 19.30.5.8 NMAC.

(d)Properties meeting the requirements set
forth in Subsection A, 19.30.5.8 NMAC will be assigned an elk contribution
rating and be eligible for authorization certificates pursuant to the processes
set forth in Sections 9 and 12 of 19.30.5 NMAC.

(e)Landowners with properties that do not
meet the requirements set forth in Subsection A, 19.30.5.8 NMAC will be advised
and provided options and alternatives including the right to appeal the
department’s decision with regard to meeting the minimum requirements for
participation.

(f)Area game managers and district officers
may place newly enrolling properties on review for a period of time not to
exceed 12 months to allow sufficient time to determine if the minimum
requirements have been met and assign the proper elk contribution rating.

(2)Participating ranches:

(a)All authorized ranch contacts for
participating ranches will receive an agreement and affidavit of ownership form
annually.

(b)The agreement and affidavit of ownership
form will list the name, address, and phone number of the authorized ranch
contact, the number of deeded acres considered, and the elk contribution rating
assigned. It will provide the opportunity to appeal the listed acreage and the
assigned elk contribution rating and allow for the authorized ranch contact to
notify the department of appropriate changes. If changes include the addition
or reduction of deeded acreage, a new property boundary map and deed for the
added acreage must be submitted with the agreement. The agreement portion of
the form will set out the terms for participation and provide the ability to
elect the “ranch only” option.

(c)The agreement and
affidavit of ownership form must be signed and initialed where designated and
returned to the department via hand delivery or post marked no later than
February 1 each year. Failure to meet these requirements will result in the
ranch being placed on review until the following year when the process begins
again. If circumstances beyond the control of the authorized ranch contact or a
documented family emergency, sickness or death, resulted in this deadline being
missed, the department may accept completed agreement and affidavit of
ownership forms through March 1.

(d)If a landowner represents or permits the
false representation of the property’s enrolled private acreage, or breaches or
violates the conditions of any E-PLUS hunting agreement entered into with the
department, the landowner will be inactivated from further participation in
E-PLUS and any other department-sponsored private land program for a period of
up to 3 years. Upon the department’s determination that a violation or breach
has occurred, the landowner shall be notified via certified mail. The landowner
may request a hearing that shall be held in accordance with the processes set
forth in 19.31.2.13 NMAC (without reference to points) through Subsection A of
19.31.2.22 NMAC.

(e)Any property in which the landowner does
not hold rightful ownership or legal representation of a property contrary to
representation in an E-PLUS application or E-PLUS active agreement shall be
placed in review until such time as rightful claimed ownership or legal
representation contrary to representation in an E-PLUS application is
determined and verified to the reasonable satisfaction of the department.

(f)After 2 years of
non-receipt of affidavits, the department will inactivate the respective ranch
until a new initial application has been submitted by the following February 1
deadline.

(g)Requests to add occupied deeded acreage
for the upcoming season must include a map showing the new property boundary
and be included with the agreement and affidavit of ownership form submitted by
the February 1 deadline.

(h)Properties that are sold or transferred to new
ownership must re-apply as required for initial enrollment by the February 1
deadline. The previous owner must report any reduction in acreage resulting
from sale or transfer, on their annual affidavit of ownership and provide an
updated map documenting the acreage reduction. Properties, or portions of
properties, that have been reported by the previous owner as sold or
transferred will be considered un-enrolled until the new owners apply as an
initial signup.

(i)The department may make reasonable
accommodations in circumstances where transfer of ownership occurs after the
February 1 deadline.

(j)All participating ranches that the
department determines do not meet minimum requirements for participation shall
be sent written notice of inactivation in the system for the following license
year.

(k)District officers and game managers may
adjust the elk contribution rating for any participating ranch annually. In the
case an adjustment is warranted, the landowner will be contacted and notified
of the rating change.

(l)Participating landowners in GMU 51 may
receive modified agreements for the 2009 license year that provide 2 options
for participation. Landowner selection of option I shall result in the property
participating as identified in 19.30.5.9 NMAC. Landowner selection of option II
shall require that landowner submit a director approved “Ranch Only -
Non-Transferrable” request form identifying the number of either sex only
authorizations and season dates requested. Only requests deemed to be
reasonable and appropriate shall be approved by the director. Allowable season
dates shall be as identified on the request form and shall not include any
dates from May 15 through July 15 annually. Licenses that result from the
conversion of these authorizations shall be valid only on the deeded private
property of the ranch for which they were issued. All participating landowners
in GMU 51 will be required to participate pursuant to the option they select
for both the 2009-2010 and the 2010-2011 license years. Small contributing
ranches that elect option II in the 2009-2010 license year, and select option I
in the 2011-2012 license year, will be ineligible to participate in drawings
for bull authorization certificates in that GMU until such time as all small
contributing ranches in that GMU have successfully drawn a bull authorization
certificate. The department shall present an evaluation of this trial program
to the state game commission by June 2010 with recommendation to continue,
modify, or eliminate.

[19.30.5.8 NMAC - N, 10-17-2005; A, 12-14-2006; A,
2-13-2009]

19.30.5.9Determination
and Distribution of Private Land Authorizations and Public Land licenses:

A.The
department will determine the area considered core occupied elk range within
each GMU and will determine the number and kind of hunting opportunities by bag
limit and weapon type available in each GMU based on harvest objectives and
harvest success rates for that GMU.

B.Public land elk licenses will be set for each unit as
follows:

(1)The elkharvest objective for
the core occupied elk range of the GMU is divided by the average harvest
success rate to derive the total number of elk hunting opportunities.

(2)The total number of elk hunting opportunities multiplied by the
proportion of the core occupied elk range that is public land equals the number
of public draw elk hunting licenses.

C.Private land elk authorization certificates will be
set for each unit as follows: The total number of elk hunting opportunities
multiplied by the proportion of the core occupied elk range that is private
land equals the number of private land elk authorization certificates.

D.The base number and type ofelk authorization certificates per ranch will be set as follows:

(3)Percent occupied ranch weighted acres
multiplied by the number of available private land authorization certificates
of each type for the unit equal the number of authorization certificates per
ranch.

E.In
each GMU, a pool of authorization certificates will be identified as follows:

(1)The number and type of authorization certificates allocated to private
lands not enrolled in the system.

(2)The number and type of private land authorization certificates allocated
to enrolled properties in the base allocation but not converted to licenses
(based on the previous 2 years average if permit levels were similar).

(3)The number and type of authorization certificates that result from the
consolidation of the weighted acres of all small contributing properties.

(4)A portion of this pool of authorization certificates may be distributed
to small contributing properties pursuant to voluntary participation in a
drawing or other equitable distribution process each year.

(5)A portion of this pool of authorization certificates may be distributed
to qualifying properties in the form of “bonus” authorization certificates
issued pursuant to the allocation formula.

(6)A portion of this pool of authorization certificates may be distributed
to specific properties in the form of “incentive” authorization certificates
issued in recognition of significant habitat enhancement for elk.

(7)Small contributing ranches that are unable to compete for authorization
certificates pursuant to the allocation formula in 19.30.5.9 NMAC will be
enrolled in a drawing for “unit wide” authorization certificates available
pursuant to that unit’s pool of authorization certificates as described above,
enrolled in a drawing for “unit wide” authorization certificates from other
specified GMUs when such are available, or cooperate with other properties per
Paragraph (8) of Subsection E below. Once a small contributing ranch has been
successful in drawing a bull authorization certificate for the GMU in which the
property participates, it will be ineligible for bull authorization
certificates in that GMU until such time as all small contributing ranches in
that GMU have successfully drawn a bull authorization certificate. This shall
also apply to antlerless and either sex archery bag limits and any other bag
limit that is established in the 19.31.14 NMAC.

(8)Throughout this allocation process, the
department will encourage landowners to cooperate and combine acreage to the
extent possible on a willing basis to help them qualify for the most beneficial
or useful issuance of authorization certificates.

F.All
authorization certificates issued to private lands pursuant to this section
will be considered “unit wide” unless otherwise requested by the landowner.

C.All
authorizations issued to private lands in GMUs 4, 5A, 46, 54, 55A, 56, 57, and
58 will be transferable with written permission. Licenses resulting from
converting these authorizations will be valid only on the deeded property for
which the authorization was issued or other private land in the unit if the
license holder has written permission from the landowner, or person in control
of the land to hunt the private property except “ranch only” authorizations
issued pursuant to Sections 11 and 12 of 19.30.5 NMAC below.

[19.30.5.10 NMAC - N, 10-17-2005; A, 2-13-2009]

19.30.5.11LANDS OUTSIDE THE CORE OCCUPIED ELK
RANGE:

A.For private lands that are not within core occupied
elk range or private lands that lay within GMUs with no designated core
occupied elk range, the department may work with interested landowners to
develop appropriate bag limits, weapon types, season dates and authorization
numbers for private land hunting needed to achieve the desired and proper
harvest within the exterior boundaries of participating ranches. Private lands
that are not within the COER may enroll any time with no application deadlines.

B.For
public lands in GMUs with no designated core occupied elk range, the department
may determine public hunting opportunities through the processes set forth in
19.31.8 NMAC.

[19.30.5.11 NMAC - N, 10-17-2005; A, 6-15-2006; A,
2-13-2009]

19.30.5.12Special
Management Properties:In all GMUs, the department may treat
specifically identified or unique properties of any practical size as special
management properties and consider alternative season dates, bag limits and
additional authorization certificates based on a required elk conservation
ranch management plan developed in conjunction with the landowner and approved
by the department. Authorization certificates issued pursuant to these
management plans shall be ranch only authorization certificates, will be
calculated based on habitat benefits and associated elk opportunity accrued,
and will be in addition to those allocated for public and private hunters in
the GMU. Properties that enter into a special management property agreement are
required to update and submit the required elk conservation ranch management
plan on an annual basis for review and approval by the department to receive
consideration for continued participation as a special management property.
Properties that elect to participate pursuant to this section shall be
ineligible for any appeal process.

[19.30.5.12 NMAC - N, 10-17-2005; A, 2-13-2009]

19.30.5.13LANDOWNER RIGHT TO APPEAL:

A.Landowners
shall have the right to appeal only the following:

(1)The number of deeded acres of elk occupied range.

(2)The elk contribution rating assigned to the property.

(3)A decision by the department that a property does not meet the minimum
requirements to participate.

B.Appeals
based on deeded acres or the elk contribution rating shall be submitted with
the annual affidavit.

C.Written
appeals for newly enrolling properties that are based on failure to meet the
minimum requirements to participate may be submitted to the department at any
time.

D.The
department may take the necessary amount of time needed to properly consider
any appeals, but no more than 12 months.

E.In
all cases of appeal, the landowner shall be responsible for providing the
appropriate documentation, photographic or physical proof required
substantiating the claim.

F.All
participating ranches that the department determines do not meet minimum
requirements for participation shall be sent written notice of inactivation in
the system for the following license year. These ranches shall be afforded the
opportunity to appeal this decision by submission of documentation,
photographic or physical evidence proving the minimum requirements have been
met. The department must receive these appeals post marked or hand delivered no
later than August 1 each year. Properties that appeal a decision by the
department that their property does not meet the minimum requirements will be
afforded the necessary amount of time needed to provide the department with
photographic or physical confirmation of their property’s contribution to elk,
but no more than 12 months.

G.All
appeals will be made to the respective area chief. If an appeal is not resolved
at the area chief level, the landowner may request a hearing conducted by a
panel consisting of the director and 3 game commissioners, appointed by the
chairman of the state game commission. The commission representatives on the
panel should reflect commissioner districts and geographic areas of elk range.
Recommendations of this panel shall be provided to the director, whose decision
shall be based on the panel’s recommendation. The decision of the director
shall be final pursuant to 17-3-14.1 NMSA 1978. All requests for hearings must
be made no later than April 1 of each year.

[19.30.5.13 NMAC - N, 10-17-2005; A, 2-13-2009]

19.30.5.14DEPARTMENT RIGHT TO REQUEST UPDATED
DOCUMENTATION AND CONDUCT AUDITS:The
department reserves the right to request the submission of complete ownership
documentation, including but not limited to deeds and tax valuation and legal
description, at any time during the year. Each request shall consist of a
telephone notification and a written request. Each notification shall include a
reasonable deadline for compliance and any failure to comply shall result in
the property being placed on review until such time as the department receives
the requested documentation and the property can be issued authorizations
without affecting allocations to other participating properties. If the
landowner fails to comply with the update requirement within six months from
the original request date, the property will then be inactivated and removed
from participation in E-PLUS. If the landowner wishes to participate again,
they will be required to reapply as a new participating ranch pursuant to the
enrollment process outlined under 19.30.5.8 NMAC and provide the required
update documents with the initial application.

[19.30.5.14 NMAC - N, 10-17-2005; A, 2-13-2009]

HISTORY OF 19.30.5
NMAC:

Pre-NMAC History:

Regulation No. 658, Establishing A System For Allocating Elk
Licenses On Private And Public Lands Within Game Management Units, 6-1-88.

Regulation No. 667, Establishing A System For Allocating Elk
Licenses On Private And Public Lands Within Game Management Units, 9-1-89.